关于男女平等的思考——以我国《婚姻法》为视角

A Reflection of the Sexual Equality——in the Perspective of China's Marriage Law

平等和谐的男女两性关系是构建和谐社会的重要基础,在我国三部《婚姻法》中,男女平等原则一直得以继承和发展,但从制度层面的男女平等到现实生活中的男女平等之间还存在一定的距离。文章以我国《婚姻法》为视角,借鉴国外的有关立法,从家务劳动、生育、离婚三方面分析现行《婚姻法》在落实男女平等原则上的欠缺,将有利于进一步完善我国有关婚姻立法。

An equal and harmonious relationship between men and women is the important foundation of building a harmonious society. In three versions of Marriage Law in China, the principle of equality between men and women has been inherited and deo veloped, but there is a certain gap between the equality in the system level and that in the real life. This paper, in the perspective of Marriage Law in our country, drawing lessons from foreign related legislation, analyses the defects in the implementation of the current Marriage Law from three aspects; housework, birth and divorce, with the hope of being conducive to further perfecting our legislation about marriage.